Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Social Security Denied Me For SSD But Didnít Have All My Medical Records, What Do I Do?
Social Security disability examiners do not necessarily have to have all of an individualís medical records to make a medical decision on a claim. Disability examiners are obligated to request the records from all medical treatment sources provided by the disability applicant.
However, they do not have to wait until they have all the records received to make their determination. Logically, there will always be some medical sources that are extremely slow about providing medical records. Or, they may not provide them at all. So disability examiners are allowed to make a medical decision if they feel there is enough current medical evidence in file to make their determination.
If an applicant is denied for disability benefits, they have a right to file an appeal of that decision. All medical sources that are used in the medical determination are notated in the disability denial notice. If the applicant believes that some medical records were not used for their disability determination, they can always provide the medical records when they file an appeal of their disability denial.
If the disability applicant cannot send in physical copies of the medical records with their appeal, they should make sure that they write down the missing medical treatment provider (a doctor's office or hospital) on the disability report form for their appeal, so that there is another opportunity for these records to be included in the disability medical determination.
As a former disability examiner, I can say that the medical records that disability applicants feel are pivotal to their disability decision are often not that integral to the actual disability decision.
For example, if the medical records were from a treatment source that treated the disability applicant several months or years in the past, they are not going to have much of an impact on the disability determination. Disability examiners have to focus on what an individual is currently able to do in spite of the limitations imposed upon them by their disabling condition. Frankly, medical records from a year ago are not going to be very helpful.
Functionality is key in all Social Security disability determinations, and that is why having all medical records received at the time of the medical determination is not as important as one might think.
However, if an individual feels that their missing medical records would have made a difference to their disability determination, they should make every effort to just include the missing medical records with their appeal. This way they will be sure that the information will be considered as part of the medical determination for the appeal.
Return to: Social Security Disability Resource Center, or read answers to Questions
If I Get Denied Twice For SSD or SSI Disability, What Do I Do?
What Are The Reasons For Social Security Disability Cases Being Denied?
What happens if you get denied for social security disability three times?
Why Will A Social Security Disability Application Get Denied?
How Many Times Will Social Security Disability Deny You before You Get Approved for Disability?
Can You Avoid Being Denied on a Social Security Disability or SSI Claim?
What happens if a reconsideration for Social Security Disability or SSI is denied?
What should be done if your disability is denied?
How do you appeal if you are denied for Social Security disability or SSI?
Should you get Help from a Disability Attorney before the Claim has been Denied?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria